ELECTRONIC
MAIL
Your
service with Internext includes the ability to send electronic mail
via various mail relay services (SMTP). Misuse of the SMTP service
may result in blacklisting of the user id. The following examples are
non-exclusive and are provided for guidance to customers.
1.
Use of your e-mail account to send unsolicited bulk (UBE) or
commercial messages (UCE) is prohibited. This includes, but is not
limited to, bulk-mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and
political or religious tracts. Such material may only be sent to
those who have explicitly requested it.
2.
Using your e-mail account to collect responses from unsolicited bulk
or commercial e-mail is prohibited.
3.
Sending mass unsolicited mail or deliberately sending very large
messages or files to one or more recipients ("mail bombing")
is prohibited.
4.
Forging or removing e-mail headers is prohibited.
5.
Use of e-mail to harass or intimidate other users is prohibited.
Harassment, whether through language, frequency of messages, or size
of messages, is prohibited. Sending a single unwelcome message may be
considered harassment. If a recipient asks to stop receiving e-mail
from you, you must not send that person any further messages.
6.
You may not forward or otherwise propagate chain letters, whether or
not such messages solicit money or other items of value, and whether
or not the recipient wishes to receive such mailings.
7.
Internext services may not be used to collect replies to messages
sent from another ISP, where those messages violate this Acceptable
Use Policy or the Acceptable Use Policy of the other ISP.
8.
Internext reserves the right to delete messages or files which have
remained on its servers for excessive periods of time as determined
by Internext, in its sole discretion.
What
does ISPA (Internet Service Providers' Association) consider to be
spam?
All
unsolicited bulk e-mail is spam with the following exceptions:
*
Mail sent by one party to another where there is already a prior
relationship between the two parties and subject matter of the
message(s) concerns that relationship, is not spam.
*
Mail sent by one party to another with the explicit consent of the
receiving party, is not spam.
In
essence, ISPA believes that consumers should only receive bulk mail
that they have requested and/or consented to receive and/or which
they would expect to receive as a result of an existing relationship.
What
is Spam?
Spam,
or unsolicited bulk email, is the posting of emails to large volumes
of addresses advertising a service or product which the recipient
seldom wants. Unlike conventional junk mail where the sender pays the
cost of postage, recipients of spam pay the transmission costs,
either in the form of Internet access fees and/or telephone call
charges.
An
example of spam is an unsolicited email message from someone you dont
know (or a forged address) inviting you to view pornography, purchase
Viagra or enlarge your penis amongst other things.
Spam
is one of the most significant threats to the Internet, accounting
for around 60% of all email traffic. Spam costs consumers and ISPs
lots of money in bandwidth charges. Despite the growing number of
technological means for combating spam, the spammers somehow manage
to stay one step ahead and the deluge shows little sign of abating.
Spammers
get email addresses in a variety of manners:
*
They can write program which searches the web in spider-like fashion,
following links to pages, and the links of those pages to other
pages, to infinity. As part of this link following process the
program will search for obvious email addresses such as
email@address.com or HTML mailto: links. In a short space of time
many thousands of email addresses can be harvested in this fashion.
*
They can purchase an existing email address database from someone who
runs a continuous spider program. Often selling for a few dollars and
amounting to millions of email addresses, the purchase of such
databases occurs not just by spammers but also more legitimate firms
seeking new manners of advertising their product or service in a
state of ignorance over spam.
*
They can brute force an SMTP server, trying various common names for
people and well known role accounts.
*
Someone might willingly or unwittingly add your address to an opt-in
mailing list for adverts.
One
of the ways in which spammers check for valid addresses is by
providing an apparently thoughtful Click here to remove yourself from
this list with a URL pointing to a website. The user seeking to
prevent further mails from the spammer clicks the link in a trusting
fashion. However all they have done is verify that their email
address is active, which results in additional spam being sent to
them.
Another
means is to insert a pixel image into the email which links to a web
server. When you load the message in an HTML capable mail client, the
mail client requests the pixel image from the configured web server.
By accessing the image and downloading it, a line is added to the web
server log file which can be used to verify an address which spam was
sent to.
Why
is spam bad?
Spam
is bad because users are forced to pay to download content they didnt
ask to receive. In many cases users find themselves downloading more
spam than legitimate email messages and this dilutes the value of
Internet based communication. No-one wants to wade through spam to
find the legitimate content.
While
ISPs have to bear the bulk of the cost for bandwidth overuse by
spammers, this cost is often passed onto the consumer through
increased Internet access fees or a degraded service level.
Users
themselves are at their wits end, as the process of manually deleting
spam is burdensome. Some email clients have special filters which
allow for the recognition of spam based on existing messages marked
as spam. In addition a number of software companies sell anti-spam
software in addition to anti-virus software or content filtering
systems.
Spammers
generally do not pay much for the sending of spam. They exploit open
mail servers to do their task for them. The spammer need only send
one email message to an incorrectly configured mail server to reach
thousands of email addresses, with the bulk of the transfer being
handled by the mis-configured mail server. Recipients in turn need to
pay access costs or telephone costs in order to receive content they
didn't ask for.
WEBHOSTING
Definitions
Unless
the context clearly indicates the contrary, any term defined in the
General Terms and Conditions when used herein, shall bear the same
meaning as defined in the General Terms and Conditions.
In
these Service Terms:
1.
"Customer Software" means any software, application
(including Web Applications) and/or component required and loaded by
you or loaded on your behalf for your Website and/or database or for
end user Equipment or distributed to you in any manner for purposes
of using any part of the Services or any Functionality thereof, but
excludes low level Server software installed by ISD on its Servers;
2.
"Customer's Website" or "your Website" means
either your Website linked to the Shared Webhosting, which website
you may create, build and publish, by you using the Web Applications
or the Online Tool, or, in the case of you using the Demo Service, it
means the demo website you may create or build and which may not be
linked to the Shared Webhosting;
3.
"Database Hosting" means the services as selected by you on
the Application Form whereby ISD will host your database;
4.
"Domain Name" means the domain name that is the subject of
the Domain Service, as selected by you on the Application Form;
5.
"Domain Service" means the services selected by you in the
Application Form under such heading or description;
6.
"FTP" means File Transfer Protocol being a method for
sending a file to a location on a network via the internet;
7.
"Functionalities" means any functionalities or features
which are or may be incorporated into the Service or any part thereof
from time to time;
8.
"Server(s)" means the ISD file server, including the
Licensed Server, used to supply the Services to Customer, including
any Software loaded by ISD on such server that controls basic,
low-level server hardware operations and file management without the
user thereof having to operate it or application software ("Server
Software"), but excludes any Customer Software
9.
"Shared Webhosting" means the services selected by you on
the Application Form whereby ISD will host your Website;
10.
"Software" means all the Software or programs used in
relation to the Services, including: (i) software that provides
services or Functionalities on a computer acting as a Server without
the user thereof having to operate it; (ii) Customer Software; (iii)
Third Party Software and (iv) Web Applications;
11.
"Third Party Software" means Software components and/or
computer programs or any part thereof, initially developed by third
parties and used or modified for use in this Service, including the
Online Tool and Web Applications.
Duration
and General Service terms
1.
Termination of any one or more of the individual Services comprising
the Hosting Services shall constitute termination of the Hosting
Services as a whole and Customer shall not be able to benefit from
the discount structure of the Services.
2.
Should the Customer terminate the Services, Customer will have to
apply for any of the individual Services again.
Terms
specific to domain
1.
ISD shall use its reasonable efforts to attend to the registration of
Domain Name or, where applicable, the transfer of the hosting of an
existing Domain Name as soon as reasonably possible after the
commencement of the Domain Service.
2.
Customer authorises ISD to use any of its particulars it deems fit to
effectively manage the registration, transfer, renewal and/or hosting
of Domain Name in terms of the Domain Service. ISD has no interest in
the Domain Name and the Domain Name shall not become the property of
ISD. Nothing that ISD does in the performance of its obligations
shall be construed as an assumption of responsibility or liability by
ISD for the Domain Name whether or not ISD had knowledge of Domain
Name or not.
3.
Should the Domain Service be terminated for any reason whatsoever ISD
shall, without incurring any liability of whatever nature, be
entitled to notify the Registrar of such termination and to instruct
such Registrar to remove ISD and/or any of its systems as the host of
such Domain Name even if no replacement is available.
4.
It is recorded that (i) All domain names in the .co.za name space or
sub-domain ending in .co.za, are administered by Uniforum SA and are
subject to the terms and conditions of Uniforum SA as amended from
time to time; zaDNA manage the .za domain name space and other domain
names ending in .za are currently administered under the .org.za
domain, .ac.za domain by Tenet, and .nom.za domain by .nom.za
namespace (ii) ISD utilizes the services of TUCOWS OpenSRS, to
register all international domain names subject to the terms and
conditions of TUCOWS OpenSRS, as amended from time to time; (iii)
registration, maintenance or, transfer of a Domain Name is subject to
the terms and conditions of the Registrars which allocate and govern
such Domain Name, and ISD cannot guarantee the registration of Domain
Name(s) selected by Customer; (iv) Registrars may change or be
replaced from time to time; and (v) ISD may change its registration
provider from time to time on written notice to Customer; (vi) All
Registrars' terms and conditions, mentioned above, are binding upon
Customer by reason of Customer's acceptance of these Terms.
5.
We do not do pre-registration searches and you are liable and
responsible for the Domain Name and it is your responsibility to
ensure that your use and registration of a Domain Name does not
infringe any third party Intellectual Property Rights. As such you
warrant that: (i) you are the lawfully entitled owner of Domain
Name(s) or have the consent of the owner to use such Domain Name(s);
and (ii) in using Domain Name(s) you are not violating any
Intellectual Property Rights of whatever nature of any third party
who may lawfully claim title of whatever nature to such Domain Name.
You indemnify ISD against any third party or other claims that may be
instituted against ISD as a result of the breach of such third
party's Intellectual Property Rights or breach of any warranty
herein.
Terms
and conditions specific to shared webhosting and database hosting
1.
ISD shall provide Customer with the Disk Space more fully described
in the Application Form on a Server in order to host Customer's
Website and/or database, on such platform as selected in the
Application Form.
2.
ISD undertakes to use reasonable endeavours to ensure that Customer's
Disk Space is secure to prevent unauthorized access.
3.
In the case of Shared Webhosting, ISD shall only be obliged to keep
the website log files relating to Customer's Website for a period of
1 (one) consecutive month calculated from the date of the first
billing month and thereafter
4.
ISD will, without being under any obligation to do so, maintain,
and/or upgrade the Server, which will include any patches, updates,
security updates/patches of whatever nature. Customer herewith
authorises ISD to implement any of the above, as and when it deems
fit.
5.
Any Customer Software, application and/or component required and
loaded by you or loaded on your behalf for your Website and/or
database will be loaded at your sole risk and responsibility.
6.
ISD will be entitled, but without having any obligation to do so: (i)
in its own discretion determine which Customer Software may be loaded
by Customer on or for Customer's Website and/or the database; and
(ii) have the right to: (a) disallow the installation of any Customer
Software required by Customer; (b) suspend Customer's Website and/or
database and/or access to Customer's Website and/or database without
notice to Customer should you install any Customer Software which may
affect the security or operation of ISD's Server and network
infrastructure; and/or use and/or access to the Service by ISD's
customers.
7.
The licensing of all installed Customer Software, application and/or
component shall be your sole responsibility. Without limiting ISD's
rights, any failure to license such Customer Software correctly may
result in the termination and/or suspension. ISD retains the right to
carry out routine checks to validate such software license
agreements.
8.
You are solely responsible for all the support, maintenance and/or
upgrades of Customer Software, installed, which will include any code
settings, configurations, modifications, patches, updates and
security updates/patches of whatever nature. ISD shall provide you
with technical support relating to FTP in the case of Shared
Webhosting and database access details consisting of database name,
database username and database password in the case of Database
Hosting, but in both instances in the form of connectivity checks
only.
9.
The Service does not include the development, maintenance and/or FTP
or uploading of the Customer's Website and/or database in any way
whatsoever.
10.
It shall be your sole responsibility to do back-ups of your
content/data hosted in terms of the Service. ISD shall not be liable
for any loss of content or data, whatsoever.
11.
In addition to ISD's Acceptable Use Policy contained in the General
Terms and Conditions, the following conditions apply:
12.
Shared Webhosting Servers are designed for hosting of typical website
content and to serve the webhosting needs of the normal operation of
a personal or small home business website. The Servers are not
intended to support the sustained demand of medium to large
enterprises, or non-typical applications better suited to a dedicated
server.
UNCAPPED
THIRD PARTY ACCEPTABLE USE POLICY
All
providers AUP can be found on the below links and are applicable to
any services rendered by ISD as the services are merely resold by
ISD:
AXXESS
: https://www.axxess.co.za/aup.php
MWEB:
https://www.is.co.za/acceptable-use-policy
INTERNET
SOLUTIONS:
https://www.mweb.co.za/legalpolicies/GeneralPage/AcceptableUsePolicy.aspx
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